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(영문) 서울서부지방법원 2018.05.31 2017고정936
업무상횡령등
Text

A defendant shall be punished by a fine of 500,000 won.

When the defendant does not pay the above fine, 100,000 won shall be respectively.

Reasons

Criminal facts

The defendant is a person who has worked 24 hours at the D parking lot located in Eunpyeong-gu Seoul Metropolitan Government, and the victim E is a person responsible for the management of the parking lot.

1. On September 29, 2016, around 22:13, 2016, the Defendant insultd the victim and the victim with a large sound that the victim and the players of the fele can easily see, before the right edge of the D remains in Eunpyeong-gu Seoul Metropolitan Government, the Defendant publicly insulting the victim by “a large sound that reads the flads, rings, rings, fewer dogs, and quality,” and openly insulting the victim.

2. On September 29, 2016, from around 22:15 to 22:20, the Defendant assaulted the victim’s face with his/her head, following the Defendant’s body, within the D 1st floor parking lot located in Eunpyeong-gu Seoul Metropolitan Government, on the ground that the victim would not enter the Defendant’s parking lot and request the victim to leave another way.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigative reports (verification of sound recording files and video files filed by a complainant);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime: Article 311 of the Criminal Act (Influence of insult, Selection of fines) and Article 260 (1) of the Criminal Act (influence of violence and choice of fines);

1. Aggravation of concurrent crimes: The punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggravated by concurrent crimes with heavier concurrent crimes, but to the extent that the total amount of two crimes is aggregated);

1. Attraction of a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Provisional payment order: The portion not guilty under Article 334 (1) of the Criminal Procedure Act (the point of occupational embezzlement);

1. The Defendant in this part of the facts charged is a person who keeps the company’s proceeds in its business until the next shift F should transfer the proceeds of cash parking received from customers using the parking lot to the next shift F at the time when he/she completed his/her service as a 24-hour parking supervisor.

The Defendant received from customers from August 7, 2016 to July of the following day.

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